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HomeMy WebLinkAbout12-04-1995 PC MinutesMINUTES Planning Commission City of Orange PRESENT: Commissioners Bosch, Pruett, Romero, Smith December 4, 1995 Monday - 7:00p.m.ABSENT: Commissioner Cathcart STAFF PRESENT: Vem Jones, Manager of Current Planning -Commission Secretary;Stan Soo-Hoo, Assistant City Attorney, Gary Johnson, City Engineer; and Sue Devlin, Recording Secretary PLEDGE OF ALLEGIANCE IN RE: MINUTES OF NOVEMBER 20. 1995 Moved by Commissioner Smith, seconded by Commissioner Romero, to approve the Minutes of November 20, 1995 as recorded. AYES: Commissioners Bosch, Romero, Smith NOES: None ABSTAINED: Commissioner Pruett ABSENT: Commissioner Cathcart MOTION CARRIED IN RE: NEW HEARINGS 1. CONDITIONAL USE PERMIT 2132-95 -NATIONAL UNIVERSITY The applicant is requesting a conditional use permit to establish a law school in an existing office building and to allow the shared use of parking facilities. The site is located at 765 City Drive.NOTE: This project is categorically exempt from the provisions of the California Environmental QualRy Ad per State CEQA Guidelines Section 15301( a).There was no opposition; therefore, the full reading of the staff report was waived.The public hearing was opened. Aoolicant William Flickinger, National University, 8 Executive Circe, Irvine, asked for approval of their proposed project. They cater to the working adult; all classes are held at night and on occasional Saturdays. They have business degrees, undergraduate and graduate, psychology and education degrees. They currently have approximately 195 students a month that would be attending the campus. They do not hold classes on Fridays. It's an administrative day. Their classes are geared towards students attending classes either on a MondayNVednesday evening or Tuesday/Thursday evening. Their enrollment capacity is approximately Planning Commission Minutes December 4, 7995 students on any given set of nights. They would never have 200 students on slte at eny given time because of the format. At this lime there are no plans for expansion for the next couple of years. The public hearing was Gosed. Chairman Bosch appreciated the concept the resolution will refer to the wntents of the staff report for setting specific limitations or conditions; however, given the resolutions often become separated and more difficult to traGc from the staff report over a period of time, lt would be important to add condition 2, which restates in resolution format the Gass hour schedules and Gass size quantities that have been stipulated to by the applicant in their presentation. Specifically, he noted on Page 3 the development proposal with regard to the administrative and business hours and Gass hours; Paragraph 2 on Page 3 - he would like to see that inGuded as a condition.Moved by Commissioner Smth, seconded by Commissioner Romero, to approve CondKional Use Pernlt 2132- 95, noting the project is categorically exempt from the provisions of the CEQA Guidelines, and adding condition 2 -The administrative and business offices will be open Monday through Thursday, 8:00 a.m. to 10:30 p.m. and Friday and Saturday, 8:00 a.m. to 5:00 p.m. Classes are proposed to be taught Monday through Thursday 5:30 p.m. to 10:30 p.m. and Saturday 8:00 a.m. to 5:30 p.m. During the weekday there will be 7 staff members and an occasional student on-site, while during evening Gasses and on weekends there will be approximately 100 students and up to 16 staff on-site.AYES: Commissioners Bosch, Pruett, Romero, Smith NOES: None ABSENT: Commissioner Cathcart MOTION CARRIED 2. CONDITIONAL USE PERMIT 2129-95; VARIANCE 2003-95 -BOB MICKELSON A proposal to convert the existing office use to a restaurant, with service of alcoholic beverages and live entertainment. The building does not cenforn to curent parking requirements, and a change in its use will increase parking demand, according to the Orange Municipal Code. The applicant requests that parking requirements be waived for this use. The site is located at 44 Plaza Square.NOTE: Negative DeGaration 1484-95 has been prepared to evaluate the environmental impacts of this project.Commissioner Smith excused herself from the meeting on the perceived public perception of confliG of interest.The full staff report was presented by Jim Donovan, Associate Planner. The restaurant use in itself is an appropriate use of commercially zoned property. The reason this proposal is before the Commission is because there is no parking provided on-slte, and a change in the use would increase the parking requirement from 14 to 34 parking spaces. Furthermore, the applicant proposes to serve alcoholic beverages with meals and to provide live entertainment. The proposal affects 3400 square feet of a 4800 square foot building. It amounts to about 70°~ ofthe existing commercial building. The applicant's tentative floor plan inGudes a small bar with seating for approximately 12 people, and a total of 94 restaurant patrons staff report states 64 patrons and needs to be correGed). Live entertainment is proposed as an accessory use of the dining area. The proposed hoursof operation are7:30a.m. to 10:00 p.m. The use of outdoor tables is a possibility, but an encroachment permit is required. That is ordinarily not reviewed by the Planning Commission. The building is rather typical of development in the vicinity, but not necessarily within the G1 or C-2 zones. Most of the buildings in the Plaza Historic DistriG do not conform to curent parking requirements. There are a number of restaurants and other food service uses in the downtown area, but represent a smaller portion of a large building, usually limitedto something on the Planning Commission Minutes December 4, 1995 and viewed as an accessory use. CRy staff is trying to forge a parking program that will allow greater flexibility for commercial uses in Old Towne, but that is a separate project that is still being discussed with the downtown merchants and property owners. There is no immediate remedy available to allow the change to a more intensive use of the majority of this or of any other building in the downtown area. Detective Sgt. Bany Weinstein is available to discuss any police issues that may relate to the proposed service of alwholic beverages or to live entertainment. Sgt. Weinstein, Orange Police Department, spoke to Mr. Mickeison and Planning staff in regards to the live entertainment. They have reached an agreement to eliminate the live entertainment. The Police Department supports the establishment and alcohol license. They have checked their statistics and donY have any particular problems in the area that are of great concern. But the live entertainment, due to the residents above, is unacceptable to the Police Department. The public hearing was opened Aoolicant Bob Mickelson, 121 West Rose, represented the proponents of this project. He ctarified they have discussed the live entertainment issue with Sgt. Weinstein and have decided to withdraw that portion of the application because it's not good to have the non-support of the Police Department. With regard to the proposal, this is an exciting project for Old Towne. It's a very high quality restaurant. There are three partners involved in the project. Two of them have a good track record of two very high quality restaurants in Hawaii. The third partner is a born and raised Native of Orange and is very concerned about the quality of a project that goes into Old Towne. The staff report is quite complete in its analysis. The conditional use permit request is straight forward - a restaurant in this particular zone is permitted by the code. Alcoholic beverages will be served with the food. It's not going to be a bar that incidentally serves sandwiches. It's a bonafide restaurant with a full service menu. The variance is a little harder to justify. However, there is the unique situation in Old Towne of many buildings, as this one, that are built right up to the property line. It's impossible to provide parking on-site unless the building is tom down. If the building is tom down, then all that remains is a parking lot. They submitted a page with the three justifications for the variance. It is based on the historically significant structures in the Old Towne area. This should be a compliment to the existing businesses. He believed the zoning code was designed for the newer areas of the City where there is a blank parcel of land, and it is developed in a free standing use. The uses in Old Towne are not free standing,but they do compliment one another. They find the conditions acceptable; some of them will have to be changed because they refer to the live entertainment. They were originally concerned with condition 2,fearing that ft might mean they would have to go to the Department of the Navy, but they were assured by staffk's the same thing that is now required by the AQMD. So, it's more of a reminder that the standards have been upgraded in the last few years and the AQMD is going to require more than they have in the past.Under those circumstances, that is an acceptable condition. Valet parking is something they are considering.In the event that can be an asset to the business, k will be instituted. The proponents of the project are serving on the committee of trying to resolve the parking issues in Old Towne. He is also volunteering on that committee to try and resolve the perceived parking problems. There isnY a shortage of total number of parking spaces in Old Towne. There's a problem with the distribution and management; they think ft can be resolved with re-striping of the lots and even taking some of the quieter streets and changing it back to diagonal parking, as R was in days gone by. If a fee program is proposed, the proponents have already agreed to participate in that. In regards to the trash dumpster, they have been attempting to meet with Orange Disposal and to assess the situation. There are some options available and they will be considered,inGuding the option of leasing space fromthe City's public lot (adjacent to the alley) to locate a trash Planning Commission Minutes December 4, 1995 Those soeakino in favor Brent Hunter, Executive Director of the Orange Chamber of Commerce, 80 Plaza Square, supports this project. They want to bring people into the downtown area. Unique restaurants are the key to other cities' success. This is a chance for Orange to add a very unique restaurant to compliment the Old Towne experience - to expand the daytime activity into the evening hours. Old Towne is not the business focus or center of the city; Old Towne is the emotional center of Orange. People know Orange for the Plaza - it is trademark of Orange. This is an opportunity to enhance that trademark and the Old Towne area. He met the three principals of this project about 18 months ago. All three have extensive experience in Old Towne and with Old Towne preservation. They are committed to this restaurant, Citrus City Grille. They met with the Chief of Police and he also supports the project in terms of an ABC license. One of the concerns is parking.That's something Old Towne has had to deal with for years. It's aproblem from a code standpoint. They would like to create a parking problem. They want to bring in enough people to have a parking problem so it can be solved. Restaurants are part of the solution to creating a greater, expanded downtown area.Scott Parker, Watson Drug Store, supports this project. People walk two or three blocks to where they want to go in other cities; people in Orange have been spoiled. Most of the parking lots have vacant parking spaces and are available for use. He hopes the City will allow this tax generating business to open and maybe someday downtown will be self-supporting in order to build a parking structure or new parking lots.Victoria Cleary, City of Orange Economic Development Department, concurred with Mr. Mickelson's comments. It's fairly unusual for another Department to speak in favor of an item; the only reason they are doing so is because staff feels this is a viable and necessary project that needs to occur in Old Towne. h'sthe first step that is needed to create a true 18 hour downtown. It will keep shoppers in the area and the merchants need a reason to remain open. She thought most shoppers do not expect to park directly in front of the business they'vecome to visit, especially in successful destination downtown areas. A project like this can start an Old Towne renaissance that will bring additional private investment into the communfty. The Department has fears if the project were denied, it could send a painful message to other businesses that are considering investing dollars into the downtown area -that message being that Old Towne Orange does not welcome new business.AI Ricci, Ricci Realty, 616 East Chapman, thought they needed to develop business in Old Towne. Years ago downtown was the economic hub of Orange. Because of parking and other issues, it drove the people and businesses out of Old Towne and now there are antique stores. There are five antique malls for sale because they are not making any money; he had four of them listed. There are too many antique stores and they only draw a select number of people. Downtown needs restaurants and a diversity of use to draw the people back to Old Towne. After 5:00 p.m. there isn9 a parking problem. No one knows about the 1,000parking spaces downtown. The problem is no one tells people how to get there. There are no signs directing people to the parking lots. Maybe short term parking should be implemented in front of the businesses and have long term parking in the parking lots.Katie Drum, Merchants Association of Old Towne Orange, supported the project. They would like to see more bakeries, restaurants, Hallmark, 31 Flavors, as well as the antique stores. The parking situation is not a problem. The business owners need to show the customers where to park. Mr. Pomeroy had that building and he had 32 architects. The employees parked their cars in that location.Russ Barrios, 235 East Maple, is an Old Towne resident. He lives approximately one block from the proposed project. He supports the project. He thought it would help revHalize the downtown.4 Planning Commission Minutes December 4, 1995 Those sceakina in oooosttion Carole Wagers, 534 North Shaffer, said other people who propose projects, who do not have enough parking, are fumed down by the City. How can you fix the parking if you keep causing parking problems? She thought the business should be located at the depot. This will impact Old Towne. It's wrong that only certain people or groups can have what they want and other people have to fight to get tt. Barbara DeNiro, 1118 East Adams, said tt was difficult to be an adversary of Old Towne and she didnY mean to. No one questions the goodness of projects. The problem she was having related to #7, #9, #11 and #12. The rest of the City also invests millions of dollars in projects, but yet they have to provide the parking. If we're going to create a parking problem, then let private enterprise fix the parking problem. What about the rest of the City; there are exciting things going on elsewhere besides Old Towne. She felt she was not a part of the town. She thought there needed to be a concern about security at night. She read into the record #9 on Page 5 of the staff report, the last paragraph. Ralph Shelton, Director of the Masonic Temple Association of Orange, Master of Orange Grove Lodge, favored the implementation of a restaurant in the downtown area. However, their concern was over the granting of a variance pertaining to parking. On any given night of the week, the Masonic Temple will have between 50 and 250 people attending some function. The parking problem has not been adequately addressed. They are also concerned about security. Rebuttal Mr. Mickelson said the perceived problem of parking is the issue. There must be put in place an education process for long-term parking solutions. The City's parking lots are not well known. The Lemon Street parking lot is only two blocks away and is nearly vacant all the time. He teamed Mr. Hambarian, Orange Disposal, was to meet with the proponents but had to reschedule because of the filming activity. He has indicated by phone he had several option ideas he wuld make work for the trash pick ups.The public hearing was dosed.Commissioner Pruett asked staff a question regarding the parking issue downtown. What's being done to address that issue?Mr. Jones responded over the last year staff has spent considerable time looking at the parking issues in Old Towne. The City has a fully conventional zoning ordinance that works well with most portions of the City, but dcesnY necessarily fit the Plaza area. Staff has been counting parking spaces, have done a number of spot checks at various times of the day io see where parking is occurring, and tt is staffs opinion that there is an adequate number of parking spaces downtown to accommodate the existing demand. There may be a problem wtth distribution where employees take some of the prime parking spots that probably should go to the customers. As indicated earlier, a parking committee was formed to look at the downtown area for both short-term and long-term parking needs. That committee has met a couple of times over the last few months. Short-term issues that will be focused upon deal with the safety issues relating to lighting,enforcement of existing public lots with time limits, and better signage to direct people to the Plaza area and parking lots. There will also be some long-term solutions to look at as the area begins to revitalize, to make sure parking solutions are in place.Commissioner Pruett knew several cities have instituted organizations as part of the Air Quality Plan -Transportation Management Organizations -that look at ride sharing, etc. Has there been any thought about creating something similar to that (Parking Management Organization) for the downtown area to look at issues such as valet parking? It would help the businesses in the downtown area to manage the parking problems. Is it a committee that is looking at creative ideas or is tt a parking management organization that is looking at helping Planning Commission Minutes December 4, 1995 Mr. Jones believed the committee was looking at a variety of ideas. They havenY put any restrtdions upon the possible solutions they should be looking at. They have been looking at a shuttle service that might incorporate the depot area with senior citizen housing and the Plaza area. This would encourage employees to park at the Lemon Street lot. These solutionsfideas will require the cooperation of the merchants and business community to implement them. Commissioner Pruett saw the parking issue as a problem, but he didnY see it as a problem that could not be solved. That's the issue that must be death with; take on the problem as a challenge and try to deal wRh it and coned it. In the long term, if they fail to try to address the parking problem and solve it, it's going to be very difficuR to have any kind of adivRy in the downtown area. He agreed an important anchor to any downtown area is restaurants and eating establishments because it brings people in after hours. He thought this was a challenge and it gives the City an opportunity to deal with it and try to improve the parking. He was pleased to see the entertainment dropped from the projed because he had serious concems about that. Commissioner Romero said the projed would provide an incentive for store owners to keep their lights on at night. This is a great opportunity for business in Orange and is advantageous for the Plaza. Chairman Bosch feh the use would be a substantial gain for the downtown area of Orange. He recollected back to the 50's and growing up almost within walking distance of Old Towne Orange, they had substantial user demands. It was the heart of the City. There is no heart of the City now; there are various districts. The commercial heart is certainly the Tustin Avenue commercial district at this time, aRhough a substantial amount of commerce still exists in the Old Towne area. The Commission's focus has to be on specific land use -not only at the City as a whole in confornance with the General Plan, but in the specific nature of the application that is before the Commission at the time. He could not judge the adequacy of a proposed projed in the Old Towne area, based upon a concern of what might be happening in Santiago Hills or vice versa. That's not fair to either portion of the City. But he must be concerned about what is in the overall best interest of the community. The Mason's Lodge, as other organizations in the Old Towne area, have been blessed for many years with utilization of the public, not private, parking lots and they paid for that use through their taxes and use fees over the years, and have a right to expel that to continue. The scene changes continuously as the City sees a change in mixes. The code is not appropriately defined. It needs substantial work. The problem isnY that there is a problem with parking parse in total quantity; it's a problem of misapplication of the code based upon the best conventional wisdom at the time, but superseded now by changes in use. Just a couple of short years ago the City was ready to build, at taxpayers' expense, a major parking structure on South Orange Street. That money was diverted to protecting the commerdal and tax base employment base of the downtown area towards assisting in a seismic retrofit of the unreinforced masonry buildings in the area. Has there been a major increase in the parking problem because the parking structure was deferred? No, there hasnY. The parking problem is based upon management and the current economy, along with the mix of uses in the buildings throughout Old Towne. Now, perhaps the parking structure location is not the best one. Several key things occur here. One, they are looking for methods to preserve the business climate -the jobs, economy and tax base of the Old Towne area. They're looking for that as a means of creating more property tax increment and sales tax to help fund the management programs and improved parking (improved shuttle services). The applicants are willing to participate in a fair pro rata basis in any upcoming parking management concepts that are developed and approved by the City Council for utilization of the area. A parking committee has been formed, with the blessing of the City Council, to help address the mismanagement of parking in the area. He believed they will all come to solutions to which they can tie with their stipulation the increased utilization from this application in the future. He fart further study of the parking ordinance, as it related to the changing mixture of uses in the Plaza area, needed to be addressed to assure they regain an equitable distribution of parking and assignment of parking requirements to the businesses that go in there. He believed this property, as do others in the immediate vicinity of the Plaza, because they are hemmed in on all sides by historic structures and by lot line to lot line construction, have a hardship that comes with the property, and isnY caused by the application before them. He sees a true hardship that is set up by the strict application of the ordinance, by the construct of the National Historical District around the Plaza, by the historical buildings that are there. He didnY see an Planning Commission Minutes December 4, 1995 incrase in the overall parking need for the area. Relative to the leser issues of the conditional use permit, theCommissionisrequiredtofindabasisforpublicnecessttyforanyservingofanyalcoholicbeverageswithregardtoanyestablishmentintheCityofOrange. And as expressed by many people, there is a directconnectiongiventhemenuthatisproposedasafullservicerestaurant. It is something that is generally andnormallyacceptedinthecommunityandtthasbeenfoundbythePoliceDepartmenttobewithoutproblemsofanysignificantnature, particularly with the elimination of live entertainment. He encouraged staff to lookattheentertainmentordinancerelativetotypeofentertainment. The City has had some horible nightmareswithliveentertainmentinthelastyearbecauseoflackofdifferentiationontheupperend, and now there isoneatthelowerendwheretheycanseehowdifferentitistodefinewhatentertainmentmeansinawaythatallowscontrol, allows something that is of culturally significant value to the communtty and adds to theexperiencewithoutdamagetosurroundingbusinessesorresidences. He sees the proposed project as agreatbenefdandboomtotheCity; tt is an appropriate utilization of the resources that are here. tt needs toovercomethehamperingofthemismanagementofparkingthathasoccuredinthepastandthemisapplicationoftheCity's oniinances. Commissioner Pruett was doing some brain storming. The conditions of approval do not address the parkingissue. He thought tt would be good to have language that would state the applicant would actively participateasacollaborativepartnerwiththeparkingcommitteeorotherfutureassociationsJorganizationsestablishedtoaddressormanageparkingissuesrelativetotheOldTownecommercialarea. This wuld be added as areplacementtoconditionB. Mr. Mickelson responded that language was acceptable to the applicants. They were already participating onthecommitteeandthecommentsmadewouldbehelpfultothecommittee. Moved by Commissioner Romero, seconded by Commissioner Pruett, to approve Mitigated NegativeDeclaration1484-95. There is no substantial evidence that the project will have a significant impact ontheenvironmentorwildlife resources.AYES: Commissioners Bosch, Pruett, Romero NOES: None ABSENT: Commissioner Cathcart MOTIONCARRIEDABSTAINED: Smith Moved by Commissioner Pruett, seconded by Commissioner Romero, to approve Conditional UsePerntt2129-95, with conditions 1-8, replacing fl6 (live entertainment) with a revised condition p& relating to parking:The applicant would actively participate as a collaborative partner with the parking committeeorotherfutureassociations/organizations established to address or manage parking issues relative totheOldTownecommercialarea." and to approve Variance 2003-95.AYES: Commissioners Bosch, Pruett, Romero NOES: None ABSENT: Commissioners Cathcart MOTION CARRIED ABSTAINED: Smith Mr. Jones explained this action was final, unless appealed to the City Council within 15 days.Commissioner Smith returned Planning Commission Minutes December 4, 1995 3. CONDITIONAL USE PERMIT 2131-95; VARIANCE 2004-95 - CASA TERESA A request to expand a group home for single pregnant women. The projeG inGudes demolishing the house at 213 North Olive, and replacing it with a larger slruGure. The variance request is for a waiver of the front yard setbaGc requirement for the new struGure, and for fewer parking spaces than required by code. The site is located at 123 West Maple Avenue and 213 North Olive Street.NOTE: Negative DeGaration 1486-95 has been prepared to evaluate theenvironmentalimpaGsof this projeG.Joan Wolff, Senior ProjeG Planner, presented the staff report because there was opposftion to this item. The projeG inGudes two properties -one is the large masonry "apartment building" at 123 West Maple and the other is immediately adjacent to the north at 213 North Olive. The property contains a smallCraftsmanstyleCaliforniabungalow. Casa Teresa uses both of these properties as part of their program toprovidehousingforsinglepregnantwomen. Casa Teresa wants to expand their program, by replacing the single story home at 213 North Olive with a two story struGure that can house 12 people. The existing house accommodates five. The conditional use permit request is to allow this expansion. The variance application is for setbaGc and parking waivers. The properties were developed in the 1920'5 and do not meet current zoning oriinance requirements. Regarding setbaGcs, the new building is proposed to have a 10 foot front yard setbaGc same as the building it would replace, and the same as the buildings on either side. The OldTowneDesignStandardsrequirea20footfrontyardsetbaGc. RegarcJing parking, there are now four parking spaces on site, only two of which appear usable. The plans show five parking spaces, although, due to the narrow driveway width, a car cannot turn into the space next to the building. It is possible the fifth space could be used for bicyGes or motorcyGes. The projeG is in Old Towne, and the DRB reviewed it for compliance with the Old Towne Design Standards. The DRB considered the projeG twice. At their firstmeetingtheyrecommendedchangestothebuildingmaterialsandmassing. At their second meeting they reviewed the revised drawings and made some additional recommendations regarding architectural detailing of the building. Negative DeGaration 1486 has been prepared for this projeG. It identifies potential impaGS to historic resources. The negative deGaration inGudes the first set of DRB recommendations as mitigation measures. These measures have generally been incorporated into the plans that were given to the Commission for review.The public hearing was opened.Aoolicant Jim Richeson, Executive Director at Casa Teresa, 123 West Maple, stated Casa Teresa has been in business going on 20years. They've been in the City of Orange 10years. It's a home for single mothers and is open to all races, creeds, and color. They normally have up to 22 girls; they can accommodate up to 23, five of them are housed in the bungalow, which is the building they plan to demolish and replacing it with a two story building. It will increase the bed capacity from 5 to 12. Most of the girls are homeless and this is the only place they have to go when they need help. They donY look at the parking as arealproblembecausenoneofthegirlshavecars. The only people with automobiles are the staff members. There are two full-time staff members. Everyone else is either part-time or a volunteer. Across the street from them is a huge parking lot that can be utilized if needed.Commissioner Smith asked if the house were governed by any official State license? ( No, they are not required to be licensed by the State. They do, however, have a license with the CityofOrange.) Do they receive any Plannin8 Commission Minutes Those sceakino in favor December 4, 1995 Mike Lennon, Executive Director of Home Aid Orange County, 21 Prosa, Irvine, They were established in 1989 by the Building Industry Association. Their organization exists to work wfth programs like Casa Teresa. They identify care providers throughout the community that need expanded facilities or new facilities and work with them. They examine their mission statement, look at their track record, and follow up with the people who use the program. They pretty much donate most of the work. They look for political and community support. Casa Teresa has a good track record; they have a strong auxiliary support through some churches and others who provide back up support service. Casa Teresa came to them about a year ago. Once they adopt a project, they put together a team to build or renovate the property. They have identified a builder captain who is typically working in the area. In this case, Beazer Homes is the builder captain. They will be putting together the development team to complete the project. No one is paid; it's done voluntarily or at cost. They would like approval of this request so they can start the job in January, with a goal of being completed by March. Commissioner Smith asked if Home Aid were providing the money to build the structure? Mr. Lennon said Home Aid was providing the resources. They donY provide money. They get volunteer labor. The landscape architect in this case is Mr. Cathcart and he's not getting paid for the work he is doing on this project. All professionals donate their services, which is coordinated by Home Aid (in cooperation with the care provider). It's really a team effort and they look to the City as a partner as well. Clark Forrest Butts, BBG Architects, 26 Corporate Park, Irvine, volunteered his services because he has a soft spot for women and babies. He's the grandfather of five and father of three. The need is there and he wanted to do something. They concur with DRB's requests, but they have a couple of exceptions. They prefer to have fascia boards rather than tails. The exposed tails will be an increased maintenance Rem for the home. They felt R would end up being along-term problem. Fascia boards would be a better long-term solution for this establishment. DRB asked that the right side of the building be pushed back two feet in order to create an off-set. He pulled the left side forward two feet to create the off- set. There's some concern about the depth of the property and he may not have enough depth of property. He shows a depth that is 3 feet longer than what the City planners have told him their records show. A survey is going to be made so they will know exactly what R is. The space you see between the parking and the building back there could be zero; they donY want thatto be zero. He's proposing to pull the left side of the building forward on the second floor in order to meet the required off-set.Bob Mickelson, 121 West Rose, said many years ago when Casa Teresa was contemplating their move to Orange, he volunteered his time and services to assist them in interpreting the codes to help them get started. He has not been more pleased with one of his volunteer efforts and has been back a couple of times to help them with some minor interior remodeling.Those sceakino in opposition T. J. Robinson, 342 East Barkley Avenue, owns the property at 236 North Olive. That property has been in hisfamily since 1902. So they're not going anywhere for awhile. His objection to the project is the parking.His house at 236 North Olive is surrounded by apartments. His aunt still livesin the house so he's over there on a frequent basis. Seventy percent of the time he cannot park in front of the house. He feR R was perpetuating the problem of Old Towne parking by approving this use with fewer parking spaces. His concern is if Case Teresa were sold, R would become a 12 unR apartment with only four places to park.Trash is another problem, not Planning Commission Minutes December 4, 1995 Rebuttal Mr. Butts said Casa Teresa has been there for over 10 years. They have never had more than 3 or 4 carsthereduringtheday. They made an informal survey of similar establishments that Home Aid has helped andthey, too, have no parking problem because they have very little staff and their residents have no cars, Thisisaconditionalusepermitsohewouldguessiftheuseeverchanged, the new applicants would need tocomebeforetheCityforconsideration. If you review the plans, it's more of a dornflory than an apartmentbuilding. There are no kitchens in each room and there is a common living area. werer appro ed that aendyrparkingplredudiones specifically related to operation ofthefaGl'ptyaas atresidentialgrouphomeforhomeless, single mothers? (Yes, they would stipulate to that.) Commissioner Smith noticed in the DRB recommendation that they had asked for a re-design ofthebreezewaywnnection. She didnY see a picture of what that looks like. Was that re-designedper their request?Mr. Butts said they were willing to re-design that. What DRB asked for was a flat roof. Insteadofseeingtheslopedareaoftheroof, you would see a flat area. They agreed to the flat roof and didn'tthinkthedrawingsneededtobechangeduntil after the meeting.Commissioner Smith said it also spoke to the solid wall and breezeway might be pushedback...(Yes, they agreed to that.)Commissioner Pruett thought he addressed one of his questions - it was relative to the parkingissue. The staff report indicated the most comparable use is a rest home, convalescent hospRal, becauseparkingisneededprimarilyforemployersandvisitors. If there are a number of visitors or traffic/parkingissuesrelativetothis, he would suggest a condition similar to the previous hearing -that of working withtheparkingcommitteetoresolvesomeoftheissues. Even though this may not have a majorimpact, it's part ofbeinginthecommunityandto be involved.Commissioner Smith was confused about the parking arangement. Mr. Butts explained thenumberofparkingspacesfortheproject. There are five spaces that would work. And, only two or three carswillbeusingtheparkinglot. Of the four that are existing now, only two work. They are going to go from twotofour that work.The public hearing was dosed.Mr. Soo-Hoo advised if the applicant were to agree to a deed restriction... the main issues wouldbeiftheyweretoselltheproperty, that the subsequent property owner be aware of the limitations for theuseoftheproperty. If a deed restriction were entered into that limited the occupancy of the property tothisspeclficuseagrouphomeforhomeless, pregnant women - a subsequent property owner would be aware. Ifthepropertyweretochange, it would have to come back to the City to modify the deed restriction. Thiswouldbecondtion 9.The applicants agreed to a deed restriction.Commissioner Pruett wanted to know if the applicantsweredowntown? (They agreed.) He encouraged that especiallyifManagementOrganizationwhichincludedshuttlebusesandavailabletotheresidents. This would be condition 10.willing to work with the parking committee it became something like a Transportation shuttle services. That service might be Planning Commission Minutes December 4, 1995 Commissioner SmRh believed the proposed use was magnificent and strongly supported Casa Teresa. However, she had several concerns about the project. They are not looking at the existing project, which was a very large residential building with inadequate parking. The project comes in as a very large building on a narrow, less than 30 feet, wide lot, also without enough parking in a residential area. She didnY think it was a good idea to go ahead and overlook the large building that is there without a CUP and without adequate parking; then go ahead and approve another project, which is too big for the lot (n her opinion) wfth inadequate parking. It sets a dangerous precedent for this neighborhood, block and other parts of the already crowded neighborhood. She disagreed this was a comparable use to a rest home or convalescent home. Pregnant ladies are able-bodied people -able to drive, probably do drive, and as circumstances go,after the child is born, they will get access to cars. There are a lot of appointments to doctors and a lot of vehicular activity. She saw It more as a comparable use to residential apartment buildings, of which there are several on the street. The City will be dealing with the next use by a deed restriction, which is fine;however, the City would be hard pressed once the two large buildings were in place with inadequate parking,to find a comparable use that would fR the existence of not enough parking. She didnY like the look of the buildings; the breezeway connecting to the buildings which are absolutely different in architecture. She would like to see more architectural compatibility. Personally, she would rather not see a breezeway and have the buildings stand as two independent architectural styles. She would insist that the breezeway modifications lie made to the recommendation of the DRB to at least somehow soften what the DRB saw.She would also Tike to see that the tails remain exposed to give the architectural distinction of a Craftsman building and would not be in favor of the fasda boarcls being used. She had more than one concern about the particular design; no question at all about the good use of the property. But to her, it didnY seem like a good fd for this particular piece of property.Commissioner Romero also thought parking was a problem. He liked Commissioner Smith's comments with regards to the tails and breezeway. Overall, he thought R was a good use for the fadllty.Commissioner Pruett thought the issue is relative to parking. He thought, too, there was a bulk and mass issue from the standpoint of the size of the facility on that piece of property. Commissioner Smith made some good points in terms of "it may not be the best use of that property or the best design for that piece of property" in terms of what is being done. He was not sure there was an easy answer to the issue.Chairman Bosch shared the concems...he didnY think there was an answer to the concern on parking totally from the fad that the parking analysis as provided is for the entire combined complex once ft is finished. So the total of 32 beds upon completion would require 8 spaces; 5 are being provided, although one may or may not be used. He thought the fifth one is marginally usable because the applicant is introducing a handicapped parking space which improves utility. It also protects the landscape setback along the north property line, to help prated the adjacent property which would be lost otherwise. He had less concern about the two big buildings on two pieces of property. It will be two big buildings on one when they are finished. In terns of the parking, through his experiences, he thought there will be very limited car ownership and public transportation can be encouraged. He thought the deed restriction to control what happens here for the future is the key thing. He struggles with the architecture because it's a very special thing. One request for a variance that has not been discussed yet is on the front setback. It strikes him as an appropriate variance because the existing building is 10 feet, the buildings at either side are at 10 feet andit's kind of like pulling a tooth to apply the zoning ordinance as it reads now. It's inappropriate for this stretch of the block and needs to be revisited. He would encourage maintenance of that variance item for that reason to maintain the integrity of the block. The architectural style establishes a style that is more in keeping with the remainder of the block, rather than imposing the block, brick apartment building style. Since the historical neighborhoods are not based on a singular style, but on a mixture of architectural styles, each wkh their own custom tweak to them by the residents and builders over the years, he thought if properly done and carried fonrvard with quality construction and good design, there would be something that fits in well with the neighborhood. He sees a mitigating circumstance to those concerns because of the type of use, the specific location, the deed restriction, the inappropriateness of the strict application of the setback to the ordinance. He concurred to go back with the archiiectural review board's recommendations to carry through. He finds himself in favor of the application. Planning Commission Minutes December 4, 1995 Commissioner Pruett was a little confused by the issue of the bt line, setting the building forward and what effect that is going to have on the project. Chairman Bosch explained there was a 10 foot setbaGc, which was driven by the front porch that was set up on this because H's touching the ground, and that has to be maintained. What he heard was Mr. Butt's alluding to a survey concern which is going to impact the baGc of the building and an off-set within the porch area on the first floor, and above the porch on the second floor, to take away a 2 or 3 foot bust if it occurs in the survey vs. the perceived dimension of the property. It's going partially over the porch. They also talked about working with the DRB, although there is a difference of opinion, about whether the first floor pulls out on the left or right side to break up the fascede and bring character there. His finding would be on the basis of that would not violate the 10 foot front setback, and he would go with the DRB's recommendations.Commissioner SmHh asked if all options had been examined for the layout of parking on the property and is five the best that can be done? (Yes.) She appreciated Chairman Bosch's comments since he is an architect. However, they must be honest about the amount of traffic that residential programs like this attract. Maybe not from the residents themselves. She is the administrator of two residential programs herself and the number of professionals, consuflants, visitors, etc. that come by, there is a high traffic vehicular use. She was persuaded by the Chairman's remarks to go ahead and favor the application, but she wanted to make sure those archRedural features are absolutely built into the proposal, including a very Gear statement of the two or three feet of moving the building one way or the other. She didnY think the setbacc should be any smaller than 10 feet, but she was not in favor of a cantilever over the front of the building.Chairman Bosch explained the favorable reasons for a breezeway, espedally for internal Grculation. It may also improve fire, life safety and exiting from the older building as it connects to the new building. He agreed with the DRB on the flat roof. It's tougher to design than a pitched roof over the breezeway, but the flat roof and the recessing of the solid wall, as the applicant has stipulated to, will help reduce the scale of the building and improve some separation of the two architectural styles.Moved by Commissioner Romero, seconded by Chairman Bosch, to approve Mitigated Negative DeGaration 1486-95 as the project will not have a significant impact on the environment or wildlife resources.AYES: Commissioners Bosch, Pruett, Romero, Smth NOES: None ABSENT: Commissioner Cathcart MOTION CARRIED Moved by Commissioner Smith, seconded by Chairman Bosch, to approve Conditional Use Permit 2131-95 with conditions 1-8 and add condition 9 with regard to the deed restriction to the specified use to help with parking mitigation for the future, and condition 10 for participation in the downtown parking committee and any Transportation Management Organization that might be formed, and to approve Variance 2004-95.AYES: Commissioners Bosch, Pruett, Romero, Smith NOES: None ABSENT: Commissioner Cathcart MOTION CARRIED IN RE: ORAL PRESENTATIONS Barbara DeNiro had a point of Garificetion. She was trying to understand how you could have parking spaces listed if they are not usable.Chairman Bosch said that was a point that was discussed at great length; the Commission contorted there are only four usable parking Planning Commission Minutes December 4, 1995 Ms. DeNiro left her printed questions pertaining to the hearing up on Taft -the R-1 property next to the church -with the secretary. She called Mr. Jones, but did not get a response from him. She would like a response to those questions she had.Mr. Jones assured Ms. DeNiro staff would follow up with a response to her questions before the next meeting January 15).Carole Wakers thought it was time Old Towne was put on the ballot. It's a shame certain people want Old Towne a certain way and they get what they want. Yet, other people that want to be left alone who live in Old Towne, they have to fight for their rights. It's a Gick now. In regards to the parking, the CRy should stop approving projects without parking until the problem is solved. Areas outside of Old Towne need attention too -Orange is not two cities.Chairman Bosch understood her concern and believed her primary concern was the Old Towne area,although she was interested in all of Orange. The Commission tries very hard, without regard to the politics going on, to do what they see as the best recommendation to the City Council relative to technical issues of land use. And, the Council has the additional responsibility of taking care of the political and economic issues that extend beyond that.Commissioner Pruett thought the issue of there not being parking in the Plaza area - he didnY know if that would ever be solved because it is a limited area. The problem must first be defined. He sees it as a parking management problem and that's why he suggested the concept of a committee that would look at parking management. Commissioner Smith wanted to clarify for the record she was very active in the Old Towne Preservation Association at the time the parking structure was planned. She believed it was a competition between architects for a good design and she feR the OTPA at that time was absolutely in favor of that project, especially because it echoed the architectural design of the Plaza. Mr. Mickelson thought some excellent suggestions came out of the hearing with regarci to helping resolve both perceived and real problems in parking downtown. He's a member of the committee, but not authorized to speak for them. He wanted to express a concern though. He hoped not all people who wme before the Commission have the suggestion presented to them and then consider themselves "members" of the committee. Participation would be welcomed and very helpful, but if the committee gets too large, nothing will be accomplished. Commissioner Pruett stated the Commission was not suggesting the applicants be members to the committee; that the committee not be changed or enlarged in any way, but the people in the downtown area work very Gosely with the committee to help resolve some of the issues. Commissioner Romero is a resident of East Orange. Being in East Orange, he really didnY use the Plaza area frequently enough. It's only of late that he has recognized the parking problem in the Plaza. He sympathized with Ms. WaHers' comments about parking. However, he thought there would be parking after the stores were closed in the evening. IN RE: ADJOURNMENT Moved by Commissioner Pruett, seconded by Commissioner Smith, to adjourn the meeting at 9:30 p.m. AYES: Commissioners Bosch, Pruett, Romero, Smith NOES: None ABSENT: Commissioner Cathcart MOTION CARRIED 13